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Tribunal Decision

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11 months 4 weeks ago #285067 by Gash
Replied by Gash on topic Tribunal Decision
Hi, as always you support is much appreciated.

I have looked at the links provided in the previous post. At the moment I don’t have the head space to cope with another person. I hope in the next few days I can start to take steps towards contacting someone.
In the meantime I have received this letter dated 31/10/2023.

About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal

I referred the application to the duty judge who has decided to set aside the decision the tribunal made on 31/10/2022.

I enclose a copy of the decision.
The appeal will be heard by a new tribunal. I will arrange a date for the appeal hearing shortly.
Please let me know immediately if there are any dates you are unable to come to a hearing in the next three months.

The enclosed decision mentioned in the letter are what the judge allowed last year.

Whilst I kind of understand the situation. How can this be done a whole 12 months from the original decision?
Furthermore, what would you suggest I do?

Look forward to hearing from you

Kind regards

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11 months 4 weeks ago #285090 by Gary
Replied by Gary on topic Tribunal Decision
Hi Gash-24

By the sound of your post, you do not have to do anything, you just have to wait for your case to be re-listed.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 months 4 weeks ago #288741 by Gash
Replied by Gash on topic Tribunal Decision
Hi Everyone,

My new tribunal took place last week and the decision was in my favour again, I won. However, the award was different from the original hearing. The initial hearing related to descriptor, "Mobility Activities-Planning and following journeys". The focus for the more recent tribunal was on descriptors. "Daily Living- 1, 4, 5, 6, 9, 12" no mention of the descriptor previous tribunal hearing. Whilst I understand it is a totally new hearing, surely it such have some reflection on the original hearing. So my daily living component has gone from standard to enhanced and is being back dated. Would I qualify for back payments of the cost of living allowance? As I did not previously fit the criteria but with the new award it does cover this period.


It may sound like I am being ungrateful here but I'm really not. There have been so much mix up throughout this whole process I just need some reassurance and guidance that this is correct.

Your guidance would be much appreciated as to whether I accept or challenge the new decision.

Kind Regards

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7 months 4 weeks ago #288768 by BIS
Replied by BIS on topic Tribunal Decision
Hi Gash_24

Your question is outside the remit of this forum. According to this government paper I found, it looks as if you could, but you would need to raise this with the DWP.

researchbriefings.files.parliament.uk/do...BP-9616/CBP-9616.pdf

BIS

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3 weeks 5 days ago #295543 by Gash
Replied by Gash on topic Tribunal Decision
Hello everyone,

It has been a while since my last post.
I would like to announce that I won, not one, but two, extremely stressful tribunals. Which went on for nearly two years due to some sort of error. This was after the first tribunal being awarded in my favour.
Well, I would like to shout from the rooftops……
I WON THE SECOND TIME!!!!
I am on higher rate PIP for both components and received a number of years back payment.

As aways I very much appreciate all the help and support from all the forums moderators

Kind Regards
The following user(s) said Thank You: denby, VIA

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3 weeks 5 days ago #295557 by BIS
Replied by BIS on topic Tribunal Decision
Hi Gash

Congratulations on winning your tribunals. That is simply wonderful news after all your fighting and after such a lengthy battle. Well done you!

BIS

Tags: @RESULT @PIP @TRIBUNAL

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